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(영문) 서울남부지방법원 2018.03.27 2017가합105532

손해배상(기)

Text

1. The Plaintiff’s ancillary claim against Defendant Pream Construction Co., Ltd. is dismissed;

2. Defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s position as the party concerned. The Plaintiff is an apartment of this case, which is located in the 86 International Finance of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

(2) The non-corporate association consisting of the occupants of the apartment of this case (hereinafter “the reconstruction association of this case”) is a project proprietor who newly constructed and sold the apartment of this case. The construction of the apartment of this case is a company that executed the construction of the apartment of this case after being awarded a contract from the reconstruction association of this case, and the defendant Seoul Guarantee Insurance guaranteed the defect repair obligation for the apartment of this case.

B. On December 22, 2005, Defendant Barun Construction entered into a defect guarantee insurance contract with Defendant Seoul Guarantee Insurance Co., Ltd. with regard to the instant apartment between December 31, 2005 and December 30, 2015, which is KRW 552,487,530 (hereinafter “instant guarantee insurance contract”) with regard to the instant apartment between Defendant Seoul Guarantee Insurance Co., Ltd., and if the council of occupants’ representatives is organized, the rights of the insured are automatically succeeded to by the council of occupants’ representatives. The insured of the instant guarantee insurance contract was changed from the Seoul Metropolitan Government Office to the Plaintiff.

On the other hand, the main contents of the terms of the Guarantee Insurance Contract are as follows.

Article 1 (Compensation for Loss) Defendant Seoul Guarantee Insurance Co., Ltd. (Compensation for Loss) fails to comply with the terms and conditions of the insurance policy and compensate for the loss suffered by the insured as the obligee due to the failure to comply with the insurance policy, even though it received a request for repair or supplementation of the defect that occurred within the warranty period after the construction was completed completion of the contract or the sales contract for the contract.

Article 5 (Payment of Insurance Money) (1) Insurance money to be paid by the defendant Seoul Guarantee Insurance shall be the contract entered in the insurance policy.